20010496 Ver 1_Complete File_20010101

NCWRC,HCP,FALLS LAKE TEL:[phone]
FAX. COVE,R
Falls Lake Office
pate .., < ..
Number of pages Includln cover sheet LA
To:
d
Phone
Pax Phone
CC:
May 21'01 1524 NO.UU1 F.U1

NC Wildlife Resources Commission
Habitat Conservation Program
1142 1-85 Service Road
Creodmoor, NC 2M2
From:
trlc L"rZ.c-
Phone [phone]
Fax Phone [phone]
NCWRC,HCP,FALLS LAKE TEL:[phone] May 21'01 15:24 NO .001 r'-U2
North Carolina Wildlife Resources Commission
Charles R Fullwood, Fateeutive Director
MEMORANDUM
TO: John Dorney, Wetland Scientist
Wetlands/401 Water Quality Certification Unit
Division of Water QuowMaAty-
FROM: Danielle R. Ponder, N dmont Region Coordinator
Habitat Conservation Pro&=
DATE: 21 May 2001
SUBJECT: Pre-construction Notification Application for Cardinal Lake Subdivision, Durham
County, North Carolina. DWQ rv: 010496
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
reviewed the subject pre-construction notification. A site inspection was conducted on 4 May
2001 by NCWRC biologists to f Wher assess impacts to fish and wildlife resources. Our
comments are provided in accordance with provisions of the Clean Water Act of 1977 (as
amended), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-
667d), and North Carolina General Statutes (G.S. 113-131 et seq.).
The applicant proposes to impact 186 linear feet of stream and associated wetlands with
culverts and fill for access roads and sewer line construction in a 140-acre residential
development, Cardinal Lake Subdivision. The streams that run through the project are tributaries
to Chunky Pipe Creek. Chunky Pipe Creek, designated as WS-IV-NSW, is a tributary of Falls
Lake and is within the Neuse River basin. The applicant also proposes to fill 6,542 square foot of
Lake Unity to prevent sewer lint encroachment within Zone 1 of the Neuse River riparian buffer
area. According to the site map, there are a number of lots that have streams running through
them or are located within the Neuse River buffer zone. Riparian areas were observed to consist
of mixed hardwoods, pines, shrubs, and grasses. .
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Centcr - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 0 Fans [phone]
NCWRC,HCP,FALLS LAKE TEL:[phone] May 21'01 15:25 No.001 P.03
Page 2
21 May 2001
Cardinal Lake Subdivision
DWQ TD: 010496
Strewn piping and placing fill in aquatic resources can result in significant negative
impacts to downstream areas and eliminate fish and wildlife habitat. Stream piping reduces the
infiltration of storm water and associated pollutants, as well as the dissipation of stream energy.
Piping a stream and placing it underground obviously removes both aquatic and terrestrial
habitat. Existing uses by wildlife arc lost and future opportunities to improve aquatic diversity,
even if water quality improves, are precluded, Likewise we are concerned about impacts to
wetlands due to their wildlife habitat value and the well-known beneficial functions that they
provide for (food control and water quality protection. Changes in land use from a primarily
forested area to a suburban landscape may exacerbate channel degradation due to increased
stormwater runoff. However, we will not object to the project provided that the following
recommend conditions arc incorporated into the permit to reduce impacts to fish and wildlife
resources.
Remaining wetlands and streams on the site should be protected from additional impacts
by placing them in a permanent conservation easement to prohibit filling, draining,
flooding, and excavation.
2. Li order to minimize stream impacts, while retaining some measure of wildlife habitat,
we recommend a 100-foot undisturbed, native, forested buffer along perennial streams,
and a 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed,
forested buffers along these areas will minimize impacts to fish and wildlife resources,
water quality, aquatic habitat both within and downstream of the project area, and help
prevent the extirpation of endangered and threatened species. In addition, wide riparian
buffers are helpful in maintaining stability of stream banks and for treatment of pollutants
associated with urban stormwater. Whereas. a grassed buffer, particularly fescue, is a
vegetated buffer but will not provide the necessary and highly valuable functions as
discussed for forested buffers.
3. Use bridges for all permanent roadway crossings of streams and associated wetlands to
eliminate the need to fill and culvert. If culverts must be used, the culvert should be
designed to allow for fish passage. Generally, this means that the culvert or pipe invert is
buried at least one foot below the natural streambed. If multiple cells are required, the
second and/or third cells should be placed so that their bottoms are at stream bankfull
stage (similar to Lyonsfield design). This will allow sufficient water depth in the culvert
or pipe during normal flows to accommodate fish movements. If culverts are long, baffle
systems are required to trap gravel and provide resting areas for fish and other aquatic
organisms. If multiple pipes or cells are used, at least one pipe or box should be designed
to remain dry during normal flows to allow for wildlife passage. In addition, culverts or
pipes should be situated so that no channel realignment or widening is required.
Widening of the stream channel at the inlet or outlet of structures usually causes a
decrease in water velocity causing sediment deposition that will require future
maintonance. Finally, riprap should not be placed on the streambed.
N.CWRC,HCP,FRLLS LRKE TEL:[phone] may 21-ul 1?):20 NO.uui r.U4
Page 3
21 May 2001
Cardinal Lake Subdivision
VWQ ID: 010496
4. Locate sewers and other utilities as far away ftm creeks as functionally possible and
minimize stream crossings. It is preferable that sewers be located outside the riparian
buffers.
The construction of roadways in new neiihborhoods can produce short-term direct
impacts as well as long-term cumulative effects. Increased stormwater runoff can
accelerate erosion of stream banks and scouring of the stream chaimel. Additionally, the
pollutants (e.g., sediment, heavy metals, herbicides, pesticides, and fertilizers) washed
from roads and urban landscapes can adversely affect and extirpate species downstream
of developed areas. Grassed swales in place of curb and gutter and on-site stormwaler
management (ix, bioretention areas) can be installed to produce no net change in the
hydrology of the watershed and are recommended. These designs often cost less to
install and significantly reduce environmental impacts from residential development.
Many of these recomracudations have beea applied in Maryland in efforts to protect the
Chesapeake Bay from water quality degradation,
Thank you for the opportunity to review this pre-construction notice. If you require
further assistance please contact our office at [phone].
cc: Todd TugwelI, USACOE, Raleigh
WT/drp
` Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] Fax: [phone]
www.SandEC.com
..?-.• _.
12001
F
-.._.. ?J June 19, 2001
Dear Mr. DorneY an Ms. KarolY, )S GROUP
_...Thank you for provi ng me with a 401 waiver for the Cardinal Lake Subdivision in Durham County
(DWQ 01-0496). H ever, I do not believe the letter addresses all the impacts, discussed in the PCN form
and the cover letter, sociated with the proposed project. Because the last sentence in the waiver states
that 401 certification it be required if impacts other than 184 linear feet occur, please provide a follow-up
letter that specifies impact totals as described in our initial application and outlined below:
1) 186 lin feet of stream impacts
2) 8635 S Ft. (0.198 Ac.) of roadway fill
3) 6542 S . Ft. (0.15 Ac.) of lake fill
Buffer Impacts:
Road (
`4
i
Sanitary Seer
F
r
r
Total Buffer Impacts
Zone 1 (Sq. Ft.) Zone 2 (Sq. Ft.) Total (Sq. Ft.)
6629 2457
9311 4671
4301 2785
1281 800
----- 6229
582 1142
1394 1199
----- 860
----- 1718
----- 2587
with road crossings:
20,241 9,913
Total Buffer
with Sanitary Sewer easement:
3,257
Please feel free to
enclosed a self-ad
14,535
9086
13982
7086
2081
6229
1723
2593
860
1718
2587
30,154
17,792
me if you require additional information. As suggested by your office, I have a
stamped envelope which you can use to mail your response. Thanks in advance.
Sincerely,
i
`-' Soil & Environmental Consultants, PA
?ebiY
Todd Preuninger
Biologist
Charlotte Office:
PMB 291, 3020-I Prosperity Church
Charlotte, NC 28269-7197
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
7 QUALITY PLANNING Fax [phone] Jun 18 '01 1629 P.03i03
V C/? Michael r. Easley
QG
Governor
1 ?. William G. Ross, Jr„ Secretary
Department of Environment and Natural Resources
Kerr 7. Stevens
Ii?q Division of Water Quality
June 18, 2001
Durham County
DWO Project A 01-0496
17'_7:-, o; 401 Water Quality Certification
V codc and Jim Branch
-acs' and Environmentail Consultants
9aven Ridge Road
NC, 27614
')ca- Mr. Goode and Mr. Branch:
application for a 401 Water Quality Certification was received in the Division of Water Quality's Central Office on
2 '100'. According to our rules ( 15A NCAC 2H.0507 (A)], if final action is not taken within 60 days, the Certification is
vec' uniess DWQ has objected in writing to your application. Therefore, DWQ has waived the requirement for a401
'+\t :(tpr Cuality Certification for your plans to impact 184 linear feet of streams for development at the Cardinal Lake
u'_ ci»? ion In Durham County, as described in your application. This waiver replaces the on-hold letter sent to you on June
Haeiever, if additional impact occurs or your development plans change, this waiver is no longer valid and a 401 Water.
Qualify Certification will be required. A I(
If you have any questions, please telephone John Dorney or Cyndi Karoly at 919-733-1786,
cerely,
R. Dorney
L,
uc: DWQ Raleigh Regional Office
Raleigh Regulatory Field Office. U.S. Army Corps of Engineers
'O.Pmington District Office Corps of Engineers
entral Files
File Copy
Todd Preuninger, 11010 Raven Ridge Road, Raleigh, NC:, 27614
010486
North Carolina Division of Water Quality, 401 Wetlands Certification Unil,
1650 Mail Slice Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtrele Blvd., Raleigh, NC 27604-2260 (Location)
n•.n .7-6 r..ti......\ non wv A6n9 r...,n tiw..-rn.n.. ..... .,?.. .. -,......r..........r....,a,.r
OF W ATFq Michael F. Easley
?O? pG Governor
Uj r William G. Ross, Jr., Secretary
] Department of Environment and Natural Resources
O `C Kerr T. Stevens
Division of Water Quality
June 22, 2001
Durham County
DWQ Project # 01-0496
WAIVER of 401 Water Quality Certification
Lloyd Goode and Jim Branch
C/o Soil and Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC, 27614
Dear Mr. Goode and Mr. Branch:
Your application for a 401 Water Quality Certification was received in the Division of Water Quality's Central Office on
April 2, 2001. According to our rules [ 15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the Certification is
waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the requirement for a 401
Water Quality Certification for your plans to impact streams and buffers as described in your April 2, 2001 application for
development at the Cardinal Lake subdivision in Durham County. This waiver replaces the on-hold letter sent to you on
June 1, 2001.
However, if additional impact occurs or your development plans change, this waiver is no longer valid and a 401 Water
Quality Certification will be required.
If you have any questiongplease telephone John Dorney or Cyndi Karoly at 919-733-1786.
Sincerely,
Dorney
Cc: DWQ Raleigh Regional Office
Raleigh Regulatory Field Office, U.S. Army Corps of Engineers
Wilmington District Office Corps of Engineers
Central Files
File Copy
Todd Preuninger, 11010 Raven Ridge Road, Raleigh, NC, 27614
010496
North Carolina Di+ion of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service!Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvld., Raleigh, NC 27604-2260 (Location)
n•n vno +voe i.. , w....n.n von cone is..... •...... uti n,...... .. •.,•,. ..,, .... i,.,,....,.,,,.,.•„r
DWQProjcct # 010496
Subject: DWQProject # 010496
Date: Mon, 18 Jun 2001 10:31:08 -0700
From: "Preuninger" <[e-mail]>
To: <[e-mail]>
Cyndi,
i just wanted to confirm that you received the fax i sent on 6/14 regarding
Cardinal Lake subdivision.
please call or e-mail if you need more information.
also, would you pleade fax me a copy of the 401 waiver when it it complete?
thanks in advance,
todd preuninger
Todd Preuninger
Soil & Environmental Consultants, Inc.
[phone]

1 of 1 6/18/01 11:28 AN
RE: DWQProject # 010496
Subject: RE: DWQProject # 010496
Date: Tue, 19 Jun 2001 10:39:50 -0700
From: "Preuninger" <[e-mail]>
To: "Cyndi Karoly" <[e-mail]>
Cyndi,
Thanks for faxing me a copy of the 401 waiver for Cardinal Lake. However, I
need a letter that adresses
all of the proposed impacts for Cardinal Lake. I have attached a copy of our
response and am also mailing a hard copy.
Please call if you have questions.
Todd Preuninger
Soil & Environmental Consultants, Inc.
[phone]
Name: waiverletter.doc
waiverletter.doc Type: Microsoft Word Document (application/msword
Encoding: base64
Download Status: Not downloaded with message
0

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1 of I 6/19/01 10:52 AN
June 19, 2001
Dear Mr. Dorney and Ms. Karoly,
Thank you for providing me with a 401 waiver for the Cardinal Lake Subdivision in Durham County
(DWQ 01-0496). However, I do not believe the letter addresses all the impacts, discussed in the PCN form
and the cover letter, associated with the proposed project. Because the last sentence in the waiver states
that 401 certification will be required if impacts other than 184 linear feet occur, please provide a follow-up
letter that specifies the impact totals as described in our initial application and outlined below:
1) 186 linear feet of stream impacts
2) 8635 Sq. Ft. (0.198 Ac.) of roadway fill
3) 6542 Sq. Ft. (0.15 Ac.) of lake fill
Buffer Impacts:
Road Crossings: Zone 1 (Sq. Ft.) Zone 2 (Sq. Ft.) Total (Sq. Ft.)
6629 2457 9086
9311 4671 13982
4301 2785 7086
Sanitary Sewer 1281 800 2081
----- 6229 6229
582 1142 1723
1394 1199 2593
----- 860 860
----- 1718 1718
----- 2587 2587
Total Buffer Impacts associated with road crossings:
20,241 9,913 30,154
Total Buffer Impacts associated with Sanitary Sewer easement:
3,257 14,535 17,792
Please feel free to contact me if you require additional information. As suggested by your office, I have a
enclosed a self-addressed stamped envelope which you can use to mail your response. Thanks in advance.
Sincerely,
Soil & Environmental Consultants, P.A.
Todd Preuninger
Biologist
otOF W ATF9?G Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 18, 2001
Durham County
DWQ Project # 01-0496
WAIVER of 401 Water Quality Certification
Lloyd Goode and Jim Branch
C/o Soil and Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC, 27614
Dear Mr. Goode and Mr. Branch:
Your application for a 401 Water Quality Certification was received in the Division of Water Quality's Central Office on
April 2, 2001. According to our rules [ 15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the Certification is
waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the requirement for a 401
Water Quality Certification for your plans to impact 184 linear feet of streams for development at the Cardinal Lake
subdivision in Durham County, as described in your application. This waiver replaces the on-hold letter sent to you on June
1, 2001.
However, if additional impact occurs or your development plans change, this waiver is no longer valid and a 401 Water
Quality Certification will be required.
If you have any questions, please telephone John Dorney or Cyndi Karoly at 919-733-1786.
cerely, ob?
R. Domey
Cc: DWQ Raleigh Regional Office
Raleigh Regulatory Field Office, U.S. Army Corps of Engineers
Wilmington District Office Corps of Engineers
Central Files
File Copy
Todd Preuninger, 11010 Raven Ridge Road, Raleigh, NC, 27614
010496
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service! Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree 131 \0., Raleigh, NC 27604-2260 (Location)
nin 100 17o0 /..L?....\ !Nn inn Corm /i,...\ "- if"- ,..-....• ..... .... .... b........u....,J..I
F WATF
\O?? '4QG Michael F. Easley
Governor
r
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
.,Wetlands/401 Unit
Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650
Contact Information: General 919-733-1786 Fax: [phone]
Fax To:Fax Number:
Compa Date:
From.
Phone:
No. Of Pages including cover sheet:
Notes or special instructions:
NCDENR
Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260
Wetlands/401 Unit: [phone]
Fax: [phone]
Environmental Consultants, P,A,
D-1 - R-1-oh. North Carolina 27614 - phone- [phone] • Fax- [phone]
www.SandEC.com
FACSIMILE SHEET
FAX NO, [phone]
TO: NAME: a r 1
COMPANY-- 2 WQ
FAX NUMBER:
FROM 1
The following items are being faxed..
For Your Comments/Approval
/Per Our Conversation
Please A.dvisR
Would Like To Discuss
HARD COPY SENT:
US Regular Mail
Ovendght
For Your Information
Ver Your Request
Please Call
Please Handle
Hand Delivery
L,-No Hard Copy Sent
REMARKS: C a- ?W - C?7 ? o y °ti (c?
1-4
Got ,1 ^L 1.?? YV?l1Gl. ?-wCTPr ??? F ?iG J+ GY ?V4 t7l 1P S'l'iVhL .

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Charlotte Ofttcc: CxreensbgV
F%0 291, 3020-1 Prosperity Church Road 3817-E Lawndale brivc 910 Floston Road
Greensboro, NC 27455 Taylorsvilic, IBC 28681
Charlotte (704) 720-9Z8z69-771197 Phone: [phone] phone [phone]
Phone- , NC
Fax; [phone] Fax: [phone] Fax: (828)635-$820
CC:
SUBJECT: "- lam
Number of pages including transmittal sheet:,,
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Avoiee Detail Uvoice Date: 417101
620 SUC
.J. a No. 38830

ite/Time Reference TicketlCaller Pickup Destinatioo/rOD Extra Total Charge
412/01 1089 182556 S&EC KEN CLOSE 5URV8Y $0.00 $14.95
14:14 11010 RAVENS RIDGE R 907 TRINITY RD
1LALZB QyH NC RALEIGH NC
LORMAN 15rA4
412/01 4512 182568 S&EC DWQ X0.00 $14.95
16:24 R` 11010 RAVENS RIDGE R 2321 CRABTREE BLVD

-5- aC. r
RALEIGH NC
RALEIGH NC

r J?_r 1:?&f APOWERS 9:42

4/5/01 5470 02,00 192905 S&EC I1WQ $0.00 914.95 ?.-
15:33 xiA 11010 RAVENS RIDGE R 2321 CR"TREE BLVD
RALEIGH NC RALEIGH NC
S. KROGER 17:29
S&EC Total Tickets: 3 Total Charges $44.85
DWQProject # 010496
Subject: DWQProject # 010496
Date: Thu, 14 Jun 200109:16:39 -0700
From: "Preuninger" <[e-mail]>
To: <[e-mail]>
Cyndi,
I received an 'on-hold' letter for the Lake Unity Subdivision.
The site is located in Durham County and is referenced by DWQ # 010496.
Your office received our application by courier on April 2nd and was signed
for by A. Powers. I can fax the receipt if necessary.
The hold letter is dated on the 61st day of the permit application. Is it
possible for you to write a letter waiving the 401 cert?
Please call and we can discuss.
Thanks in advance.
Todd Preuninger
Todd Preuninger
Soil & Environmental Consultants, Inc.
[phone]
lot 1 6/14/01 1:30 PIV
OF WAI' Michael F. Easley
b? QG Governor
rq'
William G. Ross, Jr, Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 1, 2001
DWQ Project # 010496
Durham County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Lloyd Goode & Jim Branch
C/o Soil & Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC 27614
Dear Mr. Goode & Mr. Branch:
The Division of Water Quality has reviewed your plans for the discharge of fill material
into 186 linear feet of streams located at Glen Forest subdivision in Durham County for residential
development. Insufficient evidence is present in our files to conclude that your project must be built
as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless
modifications of the proposal are made as described below, we will have to move toward denial of
your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as
incomplete until', we receive this additional information, we are requesting (by copy of this letter)
that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must
be constructed as planned and that you have no practicable alternative to placing fill in these
waters and/or wetlands. Specifically can you
1. Provide the complete mailing address of the owner?
2. Can the road crossing (1,400 square feet of impact) be shifted to avoid the wetland fill
[sheet 21,
3. Can the sewerline be shifted to avoid the lake fill and buffer impact?
4. Sheet 6 Is unintelligible. Please submit a clearer map.
5. Can the lot line be shifted to allow the sewer line without Zone 2? [sheet 7]?
6. Can the lot line shifted to allow the sewerline without impacting Zone 2 [sheet 8]?
7. Also please discuss whether these roads are public and therefore allowable under local
water supply protection rules.
Any documentation such as maps and narrative that you can supply to address
alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this
information to me and one copy to Steve Mitchell at the Raleigh Regional Office at (919) 571-
7400. If we do not hear from you in three weeks, we will assume that you no longer want to pursue
this project and we will consider the project as withdrawn. If you have any questions, please
telephone John Hennessy at 919-733-5694 or Steve Mitchell at our Raleigh Regional Office at
[phone].
(4. c e RDorney
cc: Raleigh DWQ Regional Office
Raleigh Field Office Corps of Engineers
Central Files
File Copy
Bras Suther; Soil & Environmental Consultants
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: (919) 73 -1786
Fax: [phone]
Memorandum
To: John Dorney
From: John Hennessy
Date: June 1, 2001
Re: Tardy Projects
List of Recommendations
I apologize for the lack of lead time on this set. I have been waiting for Mitchell to call me back. I didn't
realize that he was still on vacation.
Allen Smith Jr. , QWQ No. 010502
I recommend a hold letter. The application does not discuss what is proposed. More specifically, there is
no discussion on what is being done to the stream. The application indicates that the stream will be longer
post-construction. Is there a proposed relocation? Or are they putting into a pipe? Also, there is no
discussion on avoidance and minimization. Why is it necessary to fill all 0.17 acres of wetlands on the
site? Can't they rework design to minimize'?
Cardinal Lake Subdivision, 010496
I recommend a hold and additional information letter. There are numerous places on the site where I
believe additional avoidance and minimization can occur. Additionally, the maps are deficient in quality to
allow a full understanding of what is occurring. Primarily, the lack of a legend precludes identifying what
zone the impacts to buffers is occurring in many cases.
The places where additional minimization may need to occur is as follows:
Sheet 2: Can road be shifted to avoid wetland?
"Sheet 3: Can sewer be shifted to miss buffer impact? Are the impacts shown on sheet 2 Zone 2? Without
legend cannot tell'?
,(gh?,eet 6: What is going on'? Map is a mess. No legend to help.
`Aect 7: Can we shift lot or make lot smaller to avoid impact'?
51beet 8: Can we shift lot or make lot smaller to avoid impact'?
c \john\tardy reports\060101.doc
Environmental Consultants, Inc.
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
Web Page: www.SandEC.com
This is a request for a 401 Water Quality Certification to cover 0.353 acre of
wetland and stream channel impacts, which includes 186 linear feet of stream
channel using I14WP 39. Therefore, a check for $475 is enclosed.
y/ 31 `
Lf l y (" fa -= coo
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd.
Parkview Bld.
Raleigh, NC 27604
0104g6 April 2, 2001
US Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 12 & 39/401 Water Quality Certification/Buffer Compliance
Request
Lake Unity
Glen Forest, Durham County, North Carolina
(UTM Coordinates: Zone 17, 697100, 3987500)
S&EC Project #: 99-4512
NBRRO Project #: 00-292
Dear Mr. Dorney and Mr. Tugwell:
On behalf of Lloyd Goode and Jim Branch (property owners), we hereby request
authorization from the US Army Corps of Engineers to use Nationwide Permit 39 to
cover permanent impacts and Nationwide 12 to cover temporary impacts to stream
channels and wetlands resulting from construction of the proposed Cardinal Lake
subdivision. We also request written concurrence from the NC Division of Water Quality
(NC-DWQ) that the project complies with the 401 Water Quality Certification associated n =
with Nationwide Permits 39 and complies with the Neuse River Basin (NRB) buffer

rules. A Pre-construction Notification Application (PCN) is attached, which includes an r
_-'
T
agent authorization form. .?
The proposed project consists of installation of infrastructure necessary to support a
residential development, such as roads and sanitary sewer service. It is approximately
140 acres in size and is located approximately 0.5 mile southwest of the Fletcher's
Wetland Delineation/Perm itting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: [phone] - [phone] - [phone]
April 2, 2001
S&EC Project #: 99-4512
Page 2
Chapel Road (SR 1815) and Cheek Road (SR 1800) intersection. Please refer to the
attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle.
S&EC delineated the wetlands and jurisdictional waters present on the subject property in
September 2000. Mr. Steve Mitchell, of the NC Division of Water Quality, conducted an
on-site determination on October 11, 2000, and found that features "A" and "B" are not
subject to the buffers (see attached buffer letter/map). Mr. Mitchell also determined that
the other unnamed tributaries to Lake Unity and Chunky Pipe Creek, features C, D, E and
F, are subject to the buffers.
The proposed project involves road crossings of two intermittent streams and three
wetlands; sanitary sewer crossings of two intermittent streams and three wetlands; and
discharging fill into Lake Unity to allow the installation of a sanitary sewer line to serve
the subdivision. Table 1 (below) itemizes and provides a description of each proposed
impact to waters of the US. Please refer to the attached Wetland and NRB Impact Maps
(9 sheets) for the location of each impact.
Table 1. Wetlsnd and Stream Impacts
TYPE OF PERMANENT TEMPORARY
PERMIT IMPACT JURISDICTIONAL IMPACT IMPACT
SHEET NUMBER TYPE AREA SQ. FT. SQ. FT.
Beaver
Roadway impoundment
39 fill and intermittent 5900 ------
stream channel E
(5' wide x 116 LF)
Road Headwater
39
Crossing
Forest 1500 ------
2 of 9 Beaver
Sanitary impoundment
12 Sewer and intermittent ------ 1800
Crossing stream channel E
(5' wide x 20 LF)
Sanitary Headwater
12 Sewer ------ 155
Crossing Forest
Beaver
Impoundment
39 Roadway (Inundated area 1235 ------
Fill ,
no channel
3 of 9
resent
39 Lake Fill Lake Unity 6542 ------
April 2, 2001
S&EC Project #: 99-4512
Page 3
TYPE OF PERMANENT TEMPORARY
PERMIT IMPACT JURISDICTIONAL IMPACT IMPACT
SHEET NUMBER TYPE AREA SQ. FT. SQ. FT.
Road Intermittent
4 of 9 39 Crossing stream channel D 210 ------
(3 wide x 70 LF)
Sanitary
5 of 9 12 Sewer Linear Wetland ------ 69
Crossing
Sanitary Intermittent
6 of 9 12 Sewer stream channel D ------ 66
Crossing (3' wide x 22 LF)
15,387 sq.ft.

(0.353 ac.), 2090
(0.048 ac.),
TOTAL 186 LF of 42 LF of channel
channel
17468 sq. ft.
0.401 ac.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the thresholds for notification (0.10 acre) or if a discharge causes the loss of any
open waters. The applicant requested a detailed delineation of wetlands present on the
property prior to site plan development in order to avoid jurisdictional wetlands to the
maximum extent practicable. However two beaver impoundments of tributaries north of
Lake Unity separate the eastern and western portions of the property, making it necessary
to impact these jurisdictional areas with road crossings to provide access to the site from
Fletcher's Chapel Road (see impact map, sheets 2 and 3). The remaining road crossing
of an intermittent stream is required to provide lots 500 and 501 with access (see impact
map, sheet 4). All proposed road and sewer line crossings are perpendicular to wetlands
and stream channels.
As mentioned above, the applicant proposes to discharge fill into Lake Unity and create a
new lake edge to allow for the installation of a sanitary sewer line. Topographic
constraints make it necessary to place this sewer line adjacent to Lake Unity along the
rear of lots 235 - 239 (see impact map, sheet 3). The creation of a new lake edge will
allow the sewer line to remain in this topographic position without encroaching on Zone
1 of the Neuse River Buffer around Lake Unity. Please refer to the attached 3/28/01
letter provided by Jason Bertoncino of Withers & Ravenel for further explanation of
impacts to Lake Unity. Of the 140 acres on site, the applicant proposes to preserve over
40 acres of open space, not including Lake Unity or the pond east of Lake Unity. Of the
15.977 acres of wetlands and waters of the U. S. that exist on property, the applicant
April 2, 2001
S&EC Project #: 99-4512
Page 4
proposes to preserve 15.576 acres and impact only 0.401 acre. The applicant will also
maintain vegetative buffers on the tributaries to Lake Unity and Chunky Pipe Creek, as
required by the NRB Riparian Buffer Rule. Because the applicant plans to preserve
15.576 acres of the 15.977 acres of wetlands and waters of the U. S. on-site and maintain
vegetative buffets on-site as required by the NRB Riparian Buffer Rule, and because the
applicant will minimize impacts to wetlands and stream channels by utilizing
perpendicular road and sewer crossings, S&EC does not believe further compensatory
mitigation should be required by the USACE for this project.
NC-DWQ's current policy requires written concurrence for wetland impacts greater than
1/3 acre and stream channel impacts greater than 150 linear feet per tributary under NWP
39. Because the permanent impacts to wetlands under NWP 39 are 0.353 acre, S&EC
requests written concurrence that the project complies with the 401 Water Quality
Certification (WQC) associated with NWP 39. As per personal communication between
Mr. Kevin Martin (S&EC) and Mr. John Dorney (NCDWQ), the applicant's proposal to
discharge fill material into Lake Unity to allow for the installation of a sewer line would
be in compliance with the buffer rules if the filled area is re-vegetated. (see impact map,
sheet 3). Topographic constraints make this sewer line placement necessary, and lake fill
will prevent the sewer line from impacting zone 1 of the riparian buffer around Lake
Unity. Please refer to the 3/28/01 "no practical alternative" letter (attached) prepared by
Jason Bertoncino of Withers and Ravenel for further explanation. NCDWQ's current
policy does not require mitigation for wetlands for impacts below 1 acre and for less than
150 feet of channel per stream under Nationwide Permit 39. Because the impacts for this
project are below these thresholds (see Table 1), S&EC believes wetland or stream
channel mitigation should not be required by NC-DWQ. All sewer line crossings of
wetlands and stream channels are perpendicular and meet the WQC conditions issued for
NWP 12.
Table 2. NRB Riparian Buffer Impacts
IMPACT AREA ZONE 1 ZONE 2 TOTAL DESIGNATION
SHEET TYPE IMPACTED IMPACT IMPACT IMPACT
Road

2 of 9
Crossing
Feature E 6,629 sq.ft. 2,457 sq.ft. 9086 sq. ft. Allowable
Sanitary Sewer

Crossing
Feature E 1,281 sq.ft. 800 sq.ft. 2081 sq. ft. Exempt
Feature C,
Beaver
3 of 9 Road Crossing Impound- 9,311 sq.ft. 4,671 sq.ft. 13'9882 sq.
ft. Allowable
ment (no
channel
resent
April 2, 2001
S&EC Project #: 99-4512
Page 5
IMPACT AREA ZONE 1 ZONE 2 TOTAL DESIGNATION
SHEET TYPE IMPACTED IMPACT IMPACT IMPACT
Sanitary Sewer
Crossing Lake ----"- 6,229 sq.ft. 6,229 sq. ft. Allowable
(Non- Unity
perpendicular)
4 of 9 Road Crossing Feature D 4,301 sq.ft. 2,785 sq.ft. 7,086 sq. ft. Allowable

5 of 9 Sanitary Sewer
Crossing
Feature F
582 sq. ft.
1,142 sq.ft.
1,723 sq. ft.
Exempt
6 of 9 Sanitary Sewer
Crossing
Feature D 1,394 sq.rt. 1,199 sq.ft. 2,593 sq. ft. Exempt
Sanitary Sewer

7 of 9 Crossing Lake
----""
860 sq.ft.
860 sq. ft.
Allowable
(Ion- Unity
perpendicular)
Sanitary Sewer
8 of 9 Crossing (Non- Lake ------ 1,718 sq.ft. 1,718 sq. ft. Allowable
er endicular Unit
Sanitary Sewer
9 of 9 Crossing (Non- Lake ------ 2,587 sq. ft. 2,587 sq. ft. Allowable
er endicular Unit
13,982
TOTALS Feature C 9,311 sq.ft. 4,671 sq. ft, sq.ft.
(0.321 ac.)
Feature D 9,679
5,695 sq.ft. 3,984 sq. ft. sq.ft.
(0.222 ac.)
11,167 sq.
Feature E 7,910 sq.ft. 3,257 sq. ft. ft.
(0.256 ac.)
Feature F 1,723 sq.ft.
582 sq.ft. 1,142 sq.ft.
(0.0396 ac)
Lake 11,974
Unity -"---- 11,794 sq.ft.
sq.ft.
(0.275 ac.)
Current NC-DWQ riparian buffer policy requires applicants to obtain buffer approval for
non-perpendicular impacts to Zone 2 of the NRB riparian buffers. S&EC requests buffer
April 2, 2001
S&EC Project #: 99-4512
Page 6
approval for 11,974 sq. ft. (0.275 acre) of non-perpendicular sewer line impacts to Zone 2
of the NRB riparian buffer around Lake Unity. Topographic constraints make it
necessary to impact Zone 2 of the buffer around Lake Unity in four separate locations
with sewer lines that parallel Lake Unity (see sheets 3, 7, 8, and 9). Please refer to the
"no practical alternative" letter (attached) from Jason Bertoncino of Withers and Ravenel
for further explanation of these impacts.
Current NC-DWQ policy allows road crossings without stream channel or riparian buffer
mitigation if the impacts are less than or equal to 150 linear feet of stream channel or 1/3
acre of riparian buffer per tributary. Because project impacts are below these thresholds
(see TablesI and 2), S&EC believes that stream channel or riparian buffer mitigation
should not be required. Because the two sanitary sewer crossings of buffered streams are
perpendicular and impact less than 40 linear feet of riparian buffer, they are classified as
exempt activities by the NRB Riparian Buffer Rules.
Sincerely,
2 O*--<,40W"=Z
Brad Suther
Wetland Scientist/Soil Scientist in Training
?uin? Ala /K?
Kevin Martin
NC Licensed Soil Scientist
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Wetland & NRB Impact Maps (9 Sheets)
Withers & Ravenel "No Practical Alternative" letter (3/28/01)
NC DWQ "Buffer Subjectivity" letter (11/21/00)
Agent Authorization
DWQ ID:
Corps Action ID:
Nationwide Permits Requested (Provide Nationwide Permit #): 12 & 39
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
Owner's Name: Lloyd Goode & Tim Branch
2. Mailing Address: P.O. B
Subdivision Name: Cardinal Lake
City:
State: NC
Zip Code:
Project location address, including subdivision name (if different from mailing address
above): The subject property is approximately 140 acres and is located approximately
0.5 mile southwest of the intersection of Fletcher's Chapel Road (SR 1815) and Cheek
Road (SR 1800).
3) Telephone Number (Home): NA (Work): [phone]
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc Phone: [phone]
11010 Raven Ridge Road Fax: [phone]
Raleigh, NC 27614
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Durham Nearest town or city: Glen Forest
Specific Location (include road numbers, landmarks, etc.):
See item #2
6. Impacted or nearest stream/river: Unnamed tributary of Chunky Pipe Creek
River Basin: Neuse
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ? NO O If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO 0
7c. If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ? NO [K If yes, provide Action ID number of pervious permit and any
additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ? NO 1] If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: 140
9b. Estimated total number of acres of wetlands located on project site
15.977
10a. Number of acres of wetlands' impacted by the proposed project bye:
Filling: 0.353
Flooding:
Excavation: 0.048
Other:
Drainage: Total acres to be impacted: 0.401
'The acreages reported above also include stream channel impacts.
2Please refer to the attached cover letter for more detailed information about impacts.
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 116 LF (intermittent stream E) After:
70 LF (intermittent stream D)
Width Before (based on normal high water contours): 5'(int. stream E)
3'(int. stream D)
Width After:
Average depth before:
After:
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel: ?x
Channel Excavation: ? Construction of a Dam/Flooding: ?
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? NA
What is the expected pond surface area? NA
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
The pro,ject entails construction of a residential subdivision using
conventional heavy equipment.
13. Purpose of proposed work: The purpose of the project is to provide
road and sewer service to a residential subdivision in eastern Durham
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): The applicant
requested a detailed delineation of wetlands prior to site plan development in
order to avoid jurisdictional wetlands to the maximum extent practicable.
However, tivo beaver impoundments and an intermittent stream north of Lake
Unity separate the eastern and western portions of the property, making it
necessary to construct two road crossings to provide access to the property from
Fletcher's Chapel Road (see impact map, sheets 2 and 3). Also, an intermittent
stream on ttie southeastern end of the property separates lots 500 and 501 from the
remainder of the subdivision, making a road crossing necessary to provide access
to the lots (see sheet 4). In order to minimize impacts, all proposed road and
sewer crossings will be perpendicular to wetlands and stream channels. In
addition to these impacts, the applicant proposes to discharge fill into Lake Unity
to allow construction of a sanitary sewer line parallel to the western bank of the
lake (see sheet 3) The sewer line must be placed in this position due to
topographic constraints, and relocating the lake edge will allow construction of the
sewer line outside of Zone 1 of the Neuse River Basin Riparian Buffer. Please
refer to the attached letter prepared by Jason Bertoncino, of Withers and Ravenel,
for more information regarding these impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
Perfort-ged by USACE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
Performed by USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO D If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ? NO ?
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State Clearinghouse?
YES ? NO ?
If answer to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14,18, 21, 29, 38 and 39). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Residential and Agricultural
If applicable, what is proposed method of sewage disposal?
Municipal Sewer
g. Signed and dated agent authorization letter, if applicable. Attached
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
_ ? 2 D
Owner's Agent's Signature Date
[Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.0)]
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WITHERS & RA VENEL Engineering & Surveying, Inc.
111 MacKenan Drive, Cary N. C. 27511.919/469-3340 •FAX.-919/467-6008
March 28, 2001
Mr. Todd Preuninger
Soil & Environmental Consultants
1111 Raven Ridge Road
Raleigh, North Carolina, 27600
RE: Cardinal Lake Subdivision
WRES Project #200248
Mr. Preuninger:
We are offer this letter in response to your request for further justification regarding the proposed Zone 2 Riparian
Buffer utility impacts for the above referenced project. The isolated Zone 2 impacts referenced in this letter are
shown on sheets 3, 7, 8 & 9 of the attached proposed impact map package.
We feel it should be noted that the proposed 140 acres residential subdivision includes several features that promote
water quality. These features two large water bodies that will control peak runoff rates, over 40 acres of protected
open space and over 22 acres of tree preservation areas. In addition the layout for the proposed subdivision has been
completed in a manner to limit stream crossings while providing the required connectivity and design standards of
the reviewing local government agencies.
All of the proposed isolated Zone 2 impacts are related to the proposed sanitary sewer system. In our opinion the
impacts while minimized are necessary due to topographic constraints. Relocation of the sanitary sewer systems out
of Zone 2 would result iii significantly deeper infrastructure that would not only require a wider swath of vegetation
disturbance during initial construction but would further increase the swath of disturbance should any future
maintenance be required by the City of Durham.
The most critical of these areas are shown on sheet 3 of the attached impact map package immediately south of the
adjacent roadway crossing. Side slopes of approximately 20% are present in this area. As a result, we are proposing
limited lake fill in conjunction with this sanitary sewer installation. The proposed fill is a requirement of the local
government to provide a minimum "dry" area on either side of the sanitary sewer installation. We endorse this
requirement, as this area, (to be re-vegetated as a part of this project); will provide a buffer area between the lake
and any future maintenance and a more suitable slope condition to provide diffuse flow through the riparian areas.
We offer this information for you use in the permitting process. Please advise should you require any additional
information. We appreciate your continued assistance regarding this project.
Sincerely,
Withers & Ravenel
4ngineering and Surveying, Inc.
Jas6n A. Bertoncino, PE
Attachments.
CC: David Goracke, V American Land.
I \ENG-SUR\PRGA00\248\032801 tp doc

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SECRETARY

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
November 21, 2000
Todd Preubinger
S&EC,Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 00-292
Lake Unity Property
S & E C Project #4512
Durham County

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Dear Mr. Preuninger:
On October 11, 2000, 1 met with you at the subject property to conduct a site visit for the above
referenced project. This project was initially referenced by the Raleigh Regional Office as NBRRO
00-292.
The features represented on the Durham County Soils and the USGS Northeast Durham maps were
evaluated to determine their subjectivity to the Neuse Buffer Rule. As a result, it was determined
that there several features (streams) present on the property that are subject to protection under the
Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance
of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233).
The unnamed tributaries to Unity Lake and then Chunky Pipe Creek that are subject to the Neuse
Buffer Rule, are delineated on the map received by this Office. This letter only addresses the
applicability of the Neuse Buffer Rules. Thank you for your attention to this matter and if this
Office can be of any assistance or if you have additional questions, please do not hesitate to contact
us.
Sincerely,
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney
Durham County
MA I DRESS: MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
H:\nbrlet.for\ireuse.buf\t7M8ClaAcumty.?TILOCATION: 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NC 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
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John & Cyndi:
Some of these might have already gone through, but here are my comments:
-1 - p M+
Projects with Comments:
010235 (DOT, Alekander Co.) -the project is in WS-II. DOT must follow their document "BMPs for
the Protection of Surface Waters"
000894 (DOT, Lincoln Co.) - the project is in WS-II. DOT must follow their document "BMPs for the
Protection of Surface Waters"
?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the
project is in WS-ill. If this road is a private road, then it will need to go through the variance
process with Jackson Co. Planning Dept. If it is a public road, road crossings are allowed if no
practical altemative exists. Plus BUA must be minimized, stormwater diverted away from surface
waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010471 (Jackie Speight, Moore Co.) - the project is within WS-II HQW. The Foxfire Village
Planning Dept. must review for variance process if it's a private rd.
010559 (Spangler Environmental, Wake Co.) - -40% of the project is within the WS-III Lake
Benson balance of watershed. If this road is a private road, then it will need to go through the
variance process with the Gamer Planning Dept. If it is a public road, road crossings are allowed if
no practical alterfiative exists. Plus BUA must be minimized, stormwater diverted away from
surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010462 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert
stormwater away from surface waters, and follow their document "BMPs for the Protection of
Surface Waters."
010474 (S&EC, Inc., Franklin Co.) - the project is within WS-11. If this road is a private road, then it
will need to go through the variance process with the Youngsville Planning Dept. If it is a public
road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized,
stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the
Protection of Surface Waters."
010502 (Allen Smith, Durham Co.) - the project is within WS-IV. If the project doesn't need a
sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local
WSWP program may be more protective. Consult with Durham Planning Dept.
010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the
project doesn't n6ed a sedimentation and erosion control plan, then state WSWP rules do not
",.-- apply; however, the local WSWP program may be more protective. Consult with Pitt Co, or
1? Greenville Planning Dept.
010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't
,s4i` need a sedimentation and erosion control plan, then state WSWP rules do not apply, however, the
local WSWP program may be more protective. Consult with Durham Planning Dept. If applies,
" the the crossings are public projects, then its allowed with min of BUA, divert stormwater, BMPs
used.
010498 (Bridgewater Co., Iredell Co.) - the project is within WS-IV-CA of Lake Norman. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with local Planning
Dept. Also, do Catawba Temp Rules apply?
010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a
public project crossing is allowed if no practical alternative exists. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr
and maybe even ? VS-IV.
010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no
practical alternative exists. BUA must be minimized, stormwater diverted, and DOT BMP
document followed.
010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA.
The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design
shows no structural benefit to the applicant and impacts to troutwaters.
Projects Reviewed. No Comments, Not in WS:
010570 -Town of Winfall, Perquimans Co.
010501 - Winston Salem, Forsyth Co.
010503 - DOT, Yancey Co.
010506 - Wl Schottenstein Homes, Orange Co.
010540 - AG Industries, Rutherford CO.
010576 - Wetland and Natural Resource COnsultants, Catawba Co.
010551 - NRCS, Halifax CO.